Successful return order for mother in Non Hague (Indian) Abduction case under the inherent jurisdiction of the High Court
We acted on behalf of the Applicant Mother in High Court proceedings seeking the return of her child to England and Wales in a complex non-Hague international child abduction case involving allegations of domestic abuse and coercive control.
Background
We recently acted for the Applicant Mother (M) in complex international children proceedings before the High Court concerning the application for the return of her one-year-old daughter from India to England and Wales. This case involved serious allegations of international child abduction, domestic abuse and modern slavery.
The child had been retained in India by the Respondent Father (F) following a family trip from the UK in March 2025. The child and both parents were Indian nationals. M returned to the UK in April 2025. She instructed us to act on her behalf in seeking the child’s return, alleging that the child had been abducted without her consent and that she had been subjected to serious domestic abuse and coercive control by F.
Key Issues Considered
The High Court first determined that the child was habitually resident in England and Wales. The issues for determination at the final hearing were whether the jurisdiction of England and Wales was the appropriate forum, and, if so, whether the child should be summarily returned to this jurisdiction.
Following a three-day hearing, during which the Court heard oral evidence from M, F and the paternal aunt, as well as having the benefit of expert evidence on Indian law and UK immigration law, the Court found decisively in M’s favour.
Applying a welfare evaluation, the Court held that the child had suffered emotional harm due to prolonged separation from her mother and that her welfare required her urgent return to this jurisdiction.
Court’s Decision
The child remained a Ward of the Court and the Court ordered the child’s return to England and Wales within six weeks, with the assistance of family members and the cooperation of the Indian authorities.
Cases like this underline the importance of specialist international children expertise to navigate complex domestic abuse, immigration and cross border issues.
The full judgment has been published and can be read here
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If you are concerned that the other parent may have abducted your child or children, or if you believe that they are a flight risk, it is imperative that you seek legal advice as soon as possible.
Kim is a recognised expert practising exclusively in all aspects of international and domestic children law. This includes international child abduction – Hague Convention and Non-Hague Convention wardship proceedings pursuant to the Inherent Jurisdiction of the High Court and relocation proceedings.
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